This case has been cited 2 times or more.
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2009-04-01 |
PERALTA, J. |
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| In resolving the disqualification cases, the COMELEC Second Division relied on the entries in the docket book of the OSG,[69] the only remaining record of the naturalization proceedings,[70] and ruled on the basis thereof that the naturalization proceedings of Julio Ong Sy, Limkaichong's father, in Special Case No. 1043, were null and void. The COMELEC Second Division adopted Villando and Camero's arguments that the OSG was deprived of its participation in the said case for it was not furnished copies of the following: (a) the July 9, 1957 Order of the Court of First Instance (CFI) granting the petition for naturalization; and (b) the September 21, 1959 Order of the CFI declaring Julio Ong Sy a Filipino citizen. Thus, when the latter took his oath of allegiance on October 21, 1959, it was exactly 30 days after his declaration as a naturalized Filipino, or one day short of the reglementary period required under Sections 11 and 12 of Commonwealth Act No. 473. Such defects were fatal to the naturalization proceedings of Julio Ong Sy and prevented the same from gaining finality. The COMELEC Second Division concluded that since Julio Ong Sy did not acquire Philippine citizenship through the said naturalization proceedings, it follows that Limkaichong remains a Chinese national and is disqualified to run as candidate and be elected as a Member of the House of Representatives. | |||||